<div class="chunk-title">Sec. 36-71. - Minor subdivision.</div>
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               (a)
               
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               <span class="ital">Definitions.</span> The following words, terms and phrases, when used in this chapter, shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning:
               
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               <span class="ital">Minor subdivision.</span>
               
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                  (1)
                  
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                  The term "minor subdivision" involves no more than ten lots and includes contiguous
                  land single ownership.
                  
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                  (2)
                  
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                  The term "minor subdivision" does not:
                  
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                  a.
                  
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                  Involve any new streets or alteration of an existing street, except as allowed elsewhere
                  in this chapter, or interfere with adequate prospective access to interior property;
                  
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                  b.
                  
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                  Require the creation of new drainage easements through lots in order to serve property
                  at the rear of the tract;
                  
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                  c.
                  
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                  Create new or residual parcels that do not conform to the requirements of this chapter;
                  and
                  
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                  d.
                  
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                  Constitute an enlargement or extension of a previously approved minor plat such that
                  the total of the proposed division when added to any previous division made in the
                  preceding three years will be in excess of ten lots. The addition of any lots after
                  ten shall constitute a major subdivision.
                  
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               (b)
               
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               <span class="ital">Purpose.</span> Provision for the minor subdivision review process has been developed in order to
               provide a more expeditious and convenient review for small developments that would
               be less likely to have an extensive impact on nearby residents or other subdivisions,
               planned or developed.
               
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               (c)
               
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               <span class="ital">Plat review.</span>
               
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               (1)
               
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               When a minor subdivision is submitted for review, only a final plat need be presented
               for approval. One copy of the plat must be submitted to the map review officer. The
               map review officer will have 30 calendar days to review and act on the proposed subdivision,
               unless the subdivider consents to a time extension.
               
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               (2)
               
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               It shall be the duty of the map review officer to fax or otherwise deliver copies
               of the said map to the following agencies within 72 hours of receipt of said plat.
               Each of said agencies shall have an opportunity to review and make recommendations
               concerning the proposed subdivision. If the following agencies have not submitted
               comments within five workdays after receiving the plat, the map review officer shall
               consider the plat acceptable, unless an extension of time is agreed upon:
               
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               a.
               
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               The division of highways district engineer as to the proposed roadways;
               
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               b.
               
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               The county health department or the state department of environment and natural resources,
               division of environmental health or its successor as appropriate, for the proposed
               water and sewage systems;
               
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               c.
               
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               The local CAMA permit officer to determine if the property lies within a designated
               area of environmental concern and what permits are required;
               
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               d.
               
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               The county water department as to the proposed water service;
               
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               e.
               
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               The natural resource conservation service or its successor as the matters of topography
               and drainage;
               
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               f.
               
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               The county fire marshal to approve new road or street names for subdivisions which
               will serve three or more residences and the placement of fire hydrants and fire control
               equipment as required by this chapter; and
               
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               g.
               
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               Any other agencies or officials as the board may require.
               
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               (d)
               
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               <span class="ital">Information required.</span> The final plat shall include the information required under<a href="" data-chunk-id="PTIICOOR_CH36SU_ARTVREINPRPL_S36-94INREBECODEPRPLFIPL" class="section-link" data-product-id="14661"> section 36-94</a>.
               
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               (e)
               
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               <span class="ital">Action.</span> The map review officer shall approve, approve conditionally or disapprove the plat.
               
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               (1)
               
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               If the final plat is found to be in compliance with this chapter, it shall be certified
               for recording by the map review officer. The subdivider or his authorized agent shall
               file the final plat with the county register of deeds for recording within 90 days
               after the approval by the map review officer, or such approval shall be void.
               
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               (2)
               
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               If the final plat receives conditional approval, the subdivider shall resubmit the
               plat to the map review officer for approval after the conditions have been met.
               
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               (3)
               
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               If the final plat is disapproved, the reasons for such action shall be recorded in
               writing and one copy shall be sent to the subdivider. The subdivider shall have 30
               days within which to respond, in writing, to the board with notice to the county manager.
               The board shall have 30 working days to act on the appeal, or the plat shall be deemed
               approved unless an extension of time shall be agreed upon by the subdivider or his
               agent.
               
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            <p class="historynote0">
               (Ord. No. 85, art. V, Â§ 2, 3-6-2000; Ord. No. 2006-07-1, art. V, Â§ 2, 7-7-2008; Ord.
               No. 2008-10-02, art. 4, 11-3-2008)
               
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